Preparing for Court

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Preparing for Court

    I'm taking a couple to court that live in one of my rooms, they have not paid rent since febuary and thus are around 12 weeks in arrears. The court date was booked a month ago and the hearing is on the 11th June. I'm told that any evidence I want to give to the court has to be given 2 weeks before the court hearing.

    I'm taking them to court to get a court order and get the property back off them. The reason why they are evicted is because of their behaivour and many months in arrears!

    I want to check that I have everything right in my 'case' agaisnt them! So here goes:

    - A covering letter explaining why I'm evicting them and how we got to this stage.
    - a copy of orginal contract & inventory etc
    - A copy of the section 8 form given to them & whitness statement of confirmation of delivery
    - A copy of the submitted form (to get the court book)
    - A printed copy of their deposit skeme protected
    - Copies of my bank statements showing where they have paid and where they have not paid (dated back untill febuary)
    - I have three whitness statements from other tenants in the shared house recalling incidents of actually how bad they are!


    Anything else I need ? or is there bits on here that i dont need? Thanks!

    #2
    Regardless of how bad you or anyone else thinks the tenants are - evidence of this is completely immaterial to the S8 case if you are doing it only on grounds 8/10/11. If you can prove two months or 8 weeks unpaid rent at the court hearing date and your S8 notice has been served correctly, you will get a mandatory possession order on that basis alone.

    The rest of your stuff is ok, but take along with you a summary showing how the current unpaid rent figure is arrived at in the format

    Date Rent due Rent paid Arrears

    1/4/10 £500.00 £100.00 £400.00

    1/5/10 £500.00 £50.00 £850.00

    and so on with the last caculation taking the unpaid figure up to the date of the hearing as this is what the judge will enter judgment for.

    Comment


      #3
      Hi,

      I put on it Grounds: 8, 10, 11 & 14
      I served the s8 notice on the same day as i applied for the court (as i used g14). I have a whitness statment proving it was deliverd.

      Comment


        #4
        I do wish that people when posting queries state the whole facts, not just parts of them!!!!!

        Your second post has completely negated my response now you have told us that you also cited ground 14 in which case your witness statements are relevant and normally you would need those witnesses in court on the day to give their evidence in person and possibly be cross-examined.

        However, if you think the ground 8 will succeed, then you may not need them to attend!. However, beware of scurrilous and likely untrue last minute defences being raised!

        Comment


          #5
          s8 error

          lets assume the s8 that was served had a small error on it

          and the tenant didnt turn up at the hearing

          would i still get my mandatory possession?

          Comment


            #6
            Originally posted by WarwickGrad View Post
            lets assume the s8 that was served had a small error on it

            and the tenant didnt turn up at the hearing

            would i still get my mandatory possession?
            What was the error?

            Comment


              #7
              for section 4: give full explanation of why each ground is being relied on:
              section 8: rent is payable and atleast 12 weeks rent is in unpaid
              section 10: . . . . .
              section 11: . . . . .

              1. should this have been 8 weeks rent unpaid? altho 12 weeks was outstanding at the time, should i have mentioned 8 weeks instead, as this is the min requirement

              2. instead of grounds 8, 10 and 11, i called them section 8, 10 and 11

              are these errors big enough for the judge to throw it out?

              Comment


                #8
                Was the s.8 Notice itself correct in each of these aspects?
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  yes all correct

                  Comment


                    #10
                    Hi,

                    As far a s i understand if there is an error on the eviction paperwork, as it's statutory the whole eviciton process starts from scratch again.this is based on Scots Law however, maybe slightly different in England.

                    Angela

                    Comment


                      #11
                      Hi,

                      One question to ask. How do you petition the court in england to get the order for eviction? Ie the s.21 and s.8 have already been delivered to the tenant, then what?

                      Thanks,

                      Angela

                      Comment


                        #12
                        Originally posted by WarwickGrad View Post
                        lets assume the s8 that was served had a small error on it

                        and the tenant didnt turn up at the hearing

                        would i still get my mandatory possession?
                        I suspect that the court would still grant a possession order.

                        The courts will allow slight errors on the forms (although this will depend on the judge) as long as the error is not fatal.

                        If the judge raises this then I would tell the judge that you may have wrongly stated ground 8 as being 12 weeks instead of 8, however, the tenant was still at least 8 weeks in arrears at the time.

                        Further the error is not one that confuses the tenant, or could enable him to mis-interpret the notice. A reasonable recipient would have understood the notice.

                        T is entitled to take legal advice on the notice - he has chosen not to attend, and therefore a possession order should be granted
                        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                        Comment


                          #13
                          Originally posted by Disillusioned View Post
                          Hi,

                          One question to ask. How do you petition the court in england to get the order for eviction? Ie the s.21 and s.8 have already been delivered to the tenant, then what?

                          Thanks,

                          Angela
                          As long as the time limit within the section 8 or section 21 notice has expired you can then apply to court.

                          If you are relying on the section 21 notice then you use form N5B; if you are relying on the section 8 notice then its form N119 and N5.

                          Ensure the notice is valid before the paperwork is sent to the court.
                          PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                          Comment

                          Latest Activity

                          Collapse

                          • Advice for tenant asked for big rent rise
                            by Renterthedragon
                            I’m a tenant facing a sharp rent increase and in need of advice.

                            I have a good landlord who agreed to a rent reduction last year because of ongoing maintenance issues and lower market values. However, I can only communicate with them through an agency.

                            Approaching the end...
                            18-05-2022, 22:10 PM
                          • Reply to notifying utility companies of tenant change
                            by ash72
                            I've not found any short-cuts, as each company has their own quirks on dealing with this. It usually takes a couple of calls to a customer services person to provide the information, due to GDPR they wont say anything about the exiting T.

                            Some Councils, seem to have an online form you can...
                            18-05-2022, 21:21 PM
                          • notifying utility companies of tenant change
                            by flyingfreehold
                            Does anyone have a shortcut? Right now we seem to have to hang on interminably long on the phone to provide details of leaver readings, put the account back in landlords name and then to provide new tenants' details when the place is re-let. Anyone know of a shortcut? We used to send out letters but...
                            18-05-2022, 21:10 PM
                          • Reply to Single parent renting
                            by Hooper
                            I am not sure that it will make her feel any better but I suspect that the children are more of an issue than being a single mum. Friends of mine have been rejected from every family size house they have applied to. They are high earning professionals with decent references and ... two young kids 2...
                            18-05-2022, 20:28 PM
                          • Single parent renting
                            by Dct
                            A friend of mine who is a single parent with three children is trying to find a house to rent. She has three children and recieves UC mainly to help with childcare costs, but despite viewing several houses and showing interest and showing she is more than able to pay rent, she has been turned down and...
                            18-05-2022, 16:32 PM
                          • Reply to Single parent renting
                            by Hudson01
                            This may just be one part of it, as ' ash72' states there are a lot less rental properties now (and it will get worse in the future), rents have sky rocketed and a LL can simply pick and choose the very very best tenant. It has become even more important than ever to get the right tenant, this is due...
                            18-05-2022, 19:40 PM
                          • Reply to Advice for tenant and section 8 counter claim
                            by Hudson01
                            As 'ash72' states you may be angry at the perceived way in which the landlord has treated you but do not mix the two up, If you wish to take on more stress after you have been evicted and may still be looking for a place to live...... which with a CCJ will be all but impossible, go ahead, but i would...
                            18-05-2022, 19:14 PM
                          • Advice for tenant and section 8 counter claim
                            by Forgetmeknot
                            I wondered if anyone can tell me if it is possible to counter claim for damage, harassment, poss landlord breach in contract and emotional distress in a section 8 eviction.
                            so basically I’ve read online that i can claim for compensation which will go towards reducing my rent arrears but my solicitor...
                            18-05-2022, 16:30 PM
                          • Reply to Let a house to local council
                            by ram
                            If you are in flats, with service charges, the buildings insurance for residential Landlords insurance ( the Landlord of the freehold, that insures the building ) The insurance company may well cease immediately the insurance coverage.

                            It happend to our block of flats ( I was the Co. Sec,
                            ...
                            18-05-2022, 18:54 PM
                          • Let a house to local council
                            by r3drum
                            Guys

                            Have a property which is currently marketed for rent ( 2 bedroom - fully renovated ). Been about 3 weeks and not had much interest shown.

                            Anyone got information or first hand knowledge around renting the property to the local councils or any other authorities which guarantee...
                            20-11-2019, 11:58 AM
                          Working...
                          X